CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. CENTRAL INTELLIGENCE AGENCY Doc.

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Case 1:07-cv-00620-RMC Document 5 Filed 06/14/2007 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND )

ETHICS IN WASHINGTON )
1400 Eye Street, N.W., Suite 450 )
Washington, DC 20005 )
)
Plaintiff, )
) Case No. 1:07CV00620-RMC
v. )
)
CENTRAL INTELLIGENCE AGENCY )
Washington, DC 20505 )
)
Defendant. )
__________________________________________)

JOINT STATUS REPORT

Plaintiff Citizens for Responsibility and Ethics in Washington (“CREW”) filed this action

under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to challenge defendant Central

Intelligence Agency’s response to CREW’s FOIA request seeking records of “communications

between the White House and CIA regarding Valerie Plame Wilson and/or Joseph Wilson from

July 6, 2003 to the present.” Compl. ¶ 1. As such, this action is ordinarily exempt from the

requirements of Rule 26(f) of the Federal Rules of Civil Procedure. See L. Civ. R. 16.3(b)

(exempting “FOIA actions” from requirements of Local Rule 16.3 and Rules 16(b) and 26(f) of

the Federal Rules of Civil Procedure). By Order of May 14, 2007, however, this Court ordered

the parties to meet and confer. Pursuant to that order, counsel for the parties conferred by

telephone on May 31, 2007 and now submit the following joint report:

1. Defendant intends to move for an Open America stay based on its claim that

exceptional circumstances require that the CIA have additional time to process plaintiff’s FOIA

request.

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2. During the meet and confer on May 31, 2007, counsel discussed whether the parties

could agree to the stay or alternatively agree to a briefing schedule for defendant’s motion.

Plaintiff’s counsel indicated that plaintiff intends to oppose defendant’s motion for a stay.

3. The parties were unable to agree on a briefing schedule and therefore respectfully

request that the Court enter a scheduling order for defendant’s stay motion.

PLAINTIFF’S POSITION

1. Plaintiff notes that in its Answer, defendant did not mention or otherwise refer to the

need for a stay of this action. Plaintiff believes that given the discrete topic of its FOIA request –

“communications between the White House and the CIA regarding Valerie Plame Wilson and/or

Joseph Wilson” – that a stay would be inappropriate and would simply delay the processing of

its FOIA request.

2. Plaintiff proposes the following briefing schedule for defendant’s contemplated

motion:

Defendant’s Opening Brief July 16, 2007

Plaintiff’s Opposition Brief July 30, 2007

Defendant’s Reply Brief August 6, 2007

DEFENDANT’S POSITION

1. By letter dated February 27, 2007, CIA informed plaintiff that the agency processes

FOIA requests on a “first-in, first-out basis” and only makes exceptions to that rule “when a

requester establishes a compelling need under the standards in our regulations.” Compl. Ex. B;

see also 32 C.F.R. § 1900.34 (“Requests for expedited processing”). Plaintiff has not established

such a compelling need, and therefore its February 15, 2007 FOIA request is being processed in

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the order received. See Compl. ¶ 18 (“CREW never requested that the CIA expedite the

processing of its FOIA request”).

2. Defendant proposes the following briefing schedule for its contemplated motion:

Defendant’s Opening Brief August 6, 2007

Plaintiff’s Opposition Brief August 20, 2007

Defendant’s Reply Brief August 27, 2007

Dated: June 14, 2007 Respectfully submitted,

s/ Kimberly D. Perkins PETER D. KEISLER
MELANIE SLOAN Assistant Attorney General
(D.C. Bar No. 434584)
ANNE L. WEISMANN JEFFREY A. TAYLOR
(D.C. Bar No. 298190) United States Attorney
KIMBERLY D. PERKINS
(D.C. Bar No. 481460) JOHN R. TYLER
Citizens for Responsibility and Ethics Senior Trial Counsel
in Washington Federal Programs Branch
1400 Eye Street, N.W., Suite 450
Washington, D.C. 20005 s/ Jacqueline Coleman Snead
Phone: (202) 408-5565 JACQUELINE COLEMAN SNEAD
Fax: (202) 588-5020 (D.C. Bar No. 459548)
Trial Attorney
Attorneys for Plaintiff United States Department of Justice
Civil Division
Federal Programs Branch
20 Massachusetts Ave., NW, Rm 7214
Washington, D.C. 20530
Tel: (202) 514-3418
Fax: (202) 616-8470
Email: jacqueline.snead@usdoj.gov

Attorneys for the Central Intelligence

Agency

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CERTIFICATE OF SERVICE

I hereby certify that on June 14, 2007, a true and correct copy of the foregoing Joint

Status Report was electronically filed through the U.S. District Court for the District of Columbia

Electronic Document Filing System (ECF) and that the document is available for viewing on that

system.

s/ Jacqueline Coleman Snead

JACQUELINE COLEMAN SNEAD